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-Agere Systems WinModem End User SOFTWARE LICENSE AGREEMENT
-
-The terms and conditions of this Agreement will apply to the Agere
-Systems WinModem Software (hereafter "Software") supplied under this Agreement
-and any derivatives obtained therefrom, including any copy. The term Software
-includes programs and related documentation supplied herewith.
-
-The following file is made available under the standard Linux license,
-a copy of which may be found at .
-serial.c
-serial24.c
-
-These additional files are not derived from any Linux open source content,
-and are subject to the following restrictions.
-ltmodem.c
-linuxif.h
-ltmdmobj.o
-Makefile
-ltinst
-ltuninst
-readme.txt
-
-1.0 TITLE AND LICENSE GRANT
-
- 1.1 The Software is copyrighted and/or contains proprietary
- information protected by law. All Software and all copies
- thereof are and will remain the sole property of Agere Systems or
- its suppliers. Agere Systems hereby grants you a non-exclusive right
- to use the Software, in whatever form recorded, which is furnished to
- you under or in contemplation of this Agreement, in an Agere Systems
- winmodem. Any other use of the Software or removal of the Software from
- a country in which use is licensed shall automatically terminate this license.
-
- 1.2 You agree to use your best efforts to see that any user of the Software
- licensed hereunder complies with the terms and conditions of this Agreement.
-
-
-2.0 SOFTWARE USE
-
- 2.1 You are permitted to make copies of the Software provided that any such copy
- shall contain the same copyright notice and proprietary marking included on
- the original Software.
-
- 2.2 You agree not to merge or combine any portion of the Software with any other
- software, other than the Linux operating system, unless expressly permitted by
- the laws of the jurisdiction where you are located. Any portion of the Software
- merged or combined with the other software will continue to be the subject of the
- terms and conditions of this Agreement and you agree to reproduce on the merged
- or combined portion of the Software the copyright and other proprietary rights
- notices included in the original Software.
-
- 2.3 Redistribution and Usage
- Agere permits use and limited redistribution of this Licensed Software in source and
- binary forms, with or without modification, subject to the following terms and conditions,
- in addition to the terms mentioned in this agreement.
-
- 2.3.1 Agere Systems reserves the right not to allow a third party to reuse or
- redistribute the software, at its sole discretion.
-
- 2.3.2 User hereby agrees not to remove or alter any copyright, trademark, credits
- and other proprietary notices contained within or associated with the Licensed
- Software, and shall include all such unaltered copyright, trademark, credits and
- other proprietary notices on or in every copy of the Software.
-
- 2.3.3 Notwithstanding any other provisions in this Agreement to the contrary, any
- modifications or alterations made to the Licensed Software shall cause any
- warranties and intellectual property indemnifications to become null and
- void and of no further effect.
-
-3.0 DISCLAIMER OF WARRANTY
-
- 3.1 You understand and acknowledge that the Software may contain errors, bugs or other
- defects. The Software is provided on AS-IS basis, without warranty of any kind.
-
- 3.2 Agere Systems has used reasonable efforts to minimize defects or errors in the Software.
- HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE
- THE SOFTWARE. Specifically, but not in limitation of the foregoing disclaimers, Agere
- Systems does not warrant that the functions of the Software will meet your requirements
- or that the Software operation will be error-free or uninterrupted.
-
- 3.3 Agere Systems bears no responsibility for supplying assistance for fixing or for
- communicating known errors to you pertaining to the Software supplied hereunder.
-
- 3.4 YOU UNDERSTAND THAT AGERE SYSTEMS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS
- MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
-4.0 EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES
-
- 4.1 Regardless of any other provisions of this Agreement, neither Agere Systems nor its
- affiliates, contractors, suppliers, or agents shall be liable for any indirect, incidental,
- or consequential damages (including lost profits) sustained or incurred in connection with
- the use, operation, or inability to use the Software or for damages due to causes beyond
- the reasonable control of Agere Systems, its affiliates, contractors, suppliers, and agents
- attributable to any service, products, or action of any other person.
-
- 4.2 This Agreement shall be construed in accordance with and governed by the laws of the
- State of New York.
-
-YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING
-THE SOFTWARE, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT
-IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
-SUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
-US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.